The benefit of mediation in intellectual property
What if opinions differ about the use of content or about claims of plagiarism? Who is responsible for what?
Exploiting rights and licensing contracts requires a sensible and thoughtful approach.
What if it is unclear who owns which right?
Do you need to apply for arbitration due to a conflict in your current contract?
Our understanding of intellectual property and alternative dispute resolution (ADR) and years of experience have shown us that mediation is a much better solution to conflicts than arbitration or Court cases. The benefits of finding a solution through mediation make it possible for existing working relationships to continue with a clear understanding about how to collaborate. This kind of resolution looks towards the future, whereas court cases and arbitrations are focused on the past. And litigation is likely to be much more expensive…
The mediator is responsible for the communication process and safeguards independence, commitment and a confidential approach, inviting partners to share their concerns.
In the course of a few meetings, solutions are found and, if desired, written down in a mutually agreed settlement.
As a fully trained and officially registered Mediator (MfN- Dutch Mediation Federation) in copyright and family affairs, Berendina van Straalen is fully equipped to deal with copyright and licensing related problems, and (copyright related) issues in law of succession. Her NLP studies have a positive impact on the mediation process.
Chris Kluiters has actively negotiated many commercial agreements throughout his career. He has been directly responsible for larger groups of staff, with all the HR challenges attached to that, and mediated in reorganisations and individual labour /employment cases. He also concluded many commercial settlements between distributors and other parties on (large) print stock returns and credit control/payment disputes as well as many large and smaller e-consortia for both RELX and SpringerNature.